Equal Employment Opportunity for - Los Angeles

1 Equal Employment Opportunity handbook for city Commissioners city of Los Angeles Personnel Department EEO & employee Development Division December 2013 INTRODUCTION Welcome to the city of Los Angeles in your role as a new city Commissioner. The city has over 50 Commissions and over 300 Commissioners, overseeing a myriad of city services. Each Commission serves a vital role to ensure that the citizens of Los Angeles and public receive quality services. While each Commission relies on the Commissioners expertise for their particular field, the city has certain policies that affect all Commissions and Commissioners. One such policy is the city s commitment to maintaining a discrimination free work environment and Equal Employment Opportunity .

2 The documents contained in this handbook are a compilation of information regarding federal and state anti-discrimination laws, city policies and procedures. It is important that you review this material so you become familiar with the city s commitment to zero tolerance and the procedures that are in place to address any violation of the laws or policies. We hope you find this information to be a useful resource while serving as a city Commissioner. TABLE OF CONTENTS I. Terms and Definitions .. 1 II. Overview of Discrimination Laws and their Definitions .. 9 III. Brief Description of Discrimination Laws .. 10 IV. Executive Directive No. PE 1 (Revised): Equal Employment .. Opportunity , Non Discrimination & Reasonable Accommodation 13 V.

3 Discrimination Complaint Procedure .. 21 VI. Sexual Harassment Discrimination Complaint Procedure .. 25 VII. Supervisors Responsibilities .. 32 VIII. Reasonable Accommodation Guidelines .. 34 IX. HIV and AIDS Discrimination in city Employment Policy .. 57 X. Maintaining a Drug Free Workplace .. 66 XI. Guide to Employment Related Inquiries .. 67 XII. Executive Directive No. 12: Policy Against Discrimination in Employment based on Sexual Orientation, Gender .. Identity or Gender Expression 72 XIII. Sexual Orientation, Gender Identity, and Gender Expression .. Discrimination Complaint Procedure 78 XIV. Disciplinary Guidelines Discrimination, Harassment .. and Sexual Harassment 90 XV. Contacts & Other Resources .. 99 Terms and Definitions Accommodation/Reasonable Accommodation Arises as a category of discrimination in cases where the charges stem from discrimination on the bases of religion or disability.

4 Laws, regulations, and court decisions indicate what employers are required to consider when making reasonable changes (accommodations) in some aspect of the work in order to allow for Equal Employment Opportunity of the disabled and those with religious beliefs that might conflict with normal working hours, locations, or duties. The key regarding discrimination against the disabled is for employers to ensure that their personnel and selection practices consider each individual s limitations in connection with the job or position for which the person is being considered, and to make a very careful assessment of possible accommodations to allow that person to be employed in that position. Accommodations can take the form of restructuring jobs through the reassignment of nonessential duties; making changes in the physical work environment, such as raising a desk a few inches to facilitate Employment of a person in a wheelchair; and considering adaptive devices.

5 Accommodations for individuals with religious beliefs might include arranging for special work hours so that the employee can observe religious practices, not requiring the employee to work on a day during the week that would be contrary to his or her religious belief, and/or allowing the employee time off either with vacation or without pay to observe religious holidays. ADA defines an individual with a disability as a person who has: A physical or mental impairment that substantially limits one or more major life activities or major bodily functions A record of such an impairment; or Is regarded as having such an impairment Determination of disability is made without regard to mitigating measures Substantially Limits (ADA) When an individual is unable to perform, or is significantly limited in the ability to perform, an activity compared to an average person in the general population.

6 Consider: Nature and severity of the impairment How long it will last or is expected to last Its permanent or long-term impact, or expected impact Page 1 Equal Employment Opportunity handbook for city Commissioners (12/2013) Adverse or Disparate Impact Where a personnel system or practice that appears neutral, has the effect of discriminating against race, sex, national origin, age, etc. For example, a high school diploma requirement for assignment to a preferred work unit, where the diploma is not job-related and where the diploma requirement tends to screen out proportionately more of one group than another group, could constitute unlawful discrimination on the basis of the disparate impact. It is in this category where we use statistics in order to show whether or not there has been adverse impact against a particular group.

7 The Americans with Disabilities Act (ADA) 1990 Prohibits discrimination against qualified disabled persons in Employment (15 or more employees) and requires employers to make reasonable accommodations (engage in the interactive process). Artificial Barriers An Employment policy, practice, or requirement that has the effect of denying or limiting Employment opportunities for a particular group or groups, and which cannot be justified on the basis that it is job-related. For example, a requirement that one must be a citizen of the United States in order to work for the city of Los Angeles would be considered an artificial barrier for most city jobs, especially since it may have an adverse impact against groups such as Hispanics and Asians.

8 Bases for Discrimination - Race - Marital Status - Color - Sexual Orientation - Religion - Creed - National Origin - Ancestry - Age - Disability - Medical Condition (cancer, genetic characteristics) - HIV/Acquired Immune Deficiency Syndrome (AIDS) acquired or perceived - Sex (including sexual harassment and gender identity or expression, which includes actual or perceived transgender status) - Retaliation for having filed a discrimination complaint or participating in a protected activity. Page 2 Equal Employment Opportunity handbook for city Commissioners (12/2013) BFOQ (Bonafide Occupational Qualification) A requirement that can be proven to be necessary even though it is discriminatory Permitted on the basis of sex, religion, or national origin when sex, religion, or national origin is a BFOQ for a particular job There is no BFOQ for race or color Employer must prove only individuals of one sex, national origin, or religion can perform the duties of the job in a safe and efficient manner, and that the essence of the business would be undermined by not hiring exclusively members of a given class Customer preferences and stereotypic notions concerning the capabilities of persons of a particular sex, religion.

9 Or national origin do not warrant application of this exception Disability Any physical or mental impairment that substantially limits one or more major life functions (such as caring for one s self, performing manual tasks, walking, breathing, seeing, hearing, learning, or working), or a major bodily functions (such as bowel, bladder, respiratory and reproductive functions). This term includes but is not limited to such diseases or conditions as visual and orthopedic impairment, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, Acquired Immune Deficiency Syndrome (AIDS), diabetes, heart disease, mental retardation, and specific learning disabilities such as perceptual handicaps, dyslexia, minimal brain dysfunction and developmental aphasia.

10 Discrimination Any Employment practice or decision which intentionally or unintentionally results in the unequal treatment of an individual or group in a protected class on a basis other than job-related reasons. Discrimination-Free Workplace Fr ee of any discriminatory activities including: Racial, ethnic, or sexual jokes Cartoons or other derogatory images associated with gender, religion, nationality, sexual orientation, or disability Use of derogatory language or slang describing ethnic groups, sexes, sexual orientation, or race Imitation of accents associated with ethnic groups or nationalities Labeling employees with racial, ethnic, sexual, disability, religious, or sexual orientation characteristics Page 3 Equal Employment Opportunity handbook for city Commissioners (12/2013) Disparate Treatment Intentional discrimination.